§ 90.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

   ABANDON. To deposit, leave, drop-off or otherwise dispose of any live animal on public or private property without providing the requisite care prescribed under § 90.03.

   A.D.B.A. The American Dog Breeders Association.

   ADEQUATE SHELTER. A structure designed specifically to shelter an animal, with a roof and three sides free of leaks or openings to the wind and rain, and a fourth side allowing access that is protected from the elements. The structure is physically located in a dry area allowing the animal dry keeping and access outside the structure to dry ground that is mud free.

   AGENT. Any person 18 years or older who is authorized by the animal’s owner to act on such owner’s behalf with respect to his or her animal(s).

   A.K.C. The American Kennel Club.

   ALTERED ANIMAL. Any animal that has been operated on to prevent it from procreating.

   ANIMAL. Any live, nonhuman, vertebrate, or invertebrate creature that is domestic, wild, or exotic.

   ANIMAL CONTROL AGENCY. Any governmental or private entity charged with or contracted with and given authority for the enforcement of the provisions of this chapter for and on behalf of the city. The term shall include the city’s Police Department when there has not been a specific establishment of a separate agency for such purposes as set forth herein.

   ANIMAL CONTROL OFFICER. A person or persons authorized to carry out the provisions of this chapter.

   ANIMAL HOARDER. Any person who:

      (1)   Possesses five or more animals;

      (2)   Fails to or is unable to provide adequate food, potable water and/or sanitary environment;

      (3)   Keeps the animals in an overcrowded environment; and

      (4)   Has a reckless disregard for the condition under which the animals are living and the deleterious impact they have on the animal’s; health and well-being.

   ANIMAL PERFORMANCES OR EXHIBITIONS. Any spectacle, performance, display, act, exhibition, or event in which an animal or animals are used.

   ANIMAL SHELTER. A facility or vehicle operated by a governmental or private entity for the temporary care, confinement, detention, and humane treatment of animals.

   AT LARGE. An animal that is:

      (1)   Not on a leash and is off the property of its owner, its owner’s agent, or its keeper; or

      (2)   On a leash that does not adequately confine the animal to the property of its owner, its owner’s agent, or its keeper; or

      (3)   On a leash that is not otherwise under the immediate control of a person physically capable of restraining the animal.

   AUCTION. Any place or facility where animals are regularly bought, sold, or traded by means of auction sale, except for those facilities otherwise defined in this chapter or state law.

   BITE. To seize, tear, wound, or cut with the teeth, resulting in a break in the skin.

   BREEDER. Any person or for-profit business or corporation which harbors or keeps dogs or cats, and allows or causes those animals to procreate, for the purpose of selling the offspring.

   CIRCUS. Any performances, which are given for a fee, by traveling companies on vacant lots, using tents, or some other kind of temporary enclosure, for sheltering the public.

   CONTROLLED ANIMAL. Any animal not defined as a domestic animal in this chapter, with the exception of small, nonpoisonous aquatic or amphibious animals, nonpoisonous reptilian animals, small cage birds, and psittacine, and whose possession requires a valid city controlled animal permit. Such CONTROLLED ANIMALS shall include but not be limited to the following:

      (1)   All poisonous animals, including rear-fang snakes;

      (2)   Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo), and siamangs (Symphalangus);

      (3)   Baboons (Papio, Mandrillus);

      (4)   Bears (Ursidae);

      (5)   Bison (Bison);

      (6)   Cheetahs (Acinonyxjubatus);

      (7)   Crocodilians (Crocodilia);

      (8)   Constrictor snakes, such as boa, python, and anaconda;

      (9)   Coyotes (Canis lairans);

      (10)   Deer (Cervidae), including all members of the deer family, such as white-tailed deer, elk, antelope, and moose;

      (11)   Elephants (Elephas and Loxodonta);

      (12)   Game cocks and other fighting birds;

      (13)   Hippopotami (Hippopotamidae);

      (14)   Hyenas (Hyaenidae);

      (15)   Jaguars (Panthera onca);

      (16)   Leopards (Panthera pardus);

      (17)   Lions (Panthera leo);

      (18)   Lynxes (Lynx);

      (19)   Monkeys;

      (20)   Ostriches (Struthio);

      (21)   Piranha fish (Characidae);

      (22)   Pumas (Felis concolor), also known as cougars, mountain lions, and panthers;

      (23)   Rhinoceroses (Rhinocero tidae);

      (24)   Sharks (class Chondrichthyes);

      (25)   Snow leopards (Panthera undo);

      (26)   Spiders and insects which are poisonous;

      (27)   Tigers (Panthera tigris); or

      (28)   Wolves (Canis lupus).

   CRIMINAL TRESPASS.

      (1)   Means:

         (a)   Not having a contractual interest in the property, knowingly or intentionally entering the real property of another person after having been denied entry by the other person or his or her agent;

         (b)   Not having a contractual interest in the property, knowingly or intentionally refusing to leave the real property of another person after having been asked to leave by the other person or his or her agent;

         (c)   Accompanying another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the other vehicle;

         (d)   Knowingly or intentionally interfering with the possession or use of the property of another person without his or her consent; or

         (e)   Not having a contractual interest in the property, knowingly or intentionally entering the dwelling of another person without his or her consent.

      (2) For purposes of this chapter, a person has been denied entry if the denial was by means of personal communication, oral or written, or by putting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.

   DANGEROUS ANIMAL.

      (1)   Any animal which:

         (a)   Has attacked or bitten another animal while off the property of its owner, its owner’s agent, or its keeper;

         (b)   Has attacked, attempted to attack, bitten, or seriously injured any human being, without provocation, whether on or off the property of its owner, its owner’s agent, or its keeper;

         (c)   Has a history, documented with a public agency or its designee, of attacking or biting any humans or domestic animals;

         (d)   Has a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten or endanger the safety of humans or domestic animals;

         (e)   Has been found to be at large and has been documented to be at large by an animal control officer on three or more separate occasions in a 12-month period.

      (2)   No animal shall be considered a dangerous animal if the animal causes injury or damage to a person while that person is:

         (a)   Committing or attempting to commit a criminal offense against the owner or agent of the owner;

         (b)   Committing a criminal trespass upon the premises occupied by the owner, agent, or keeper of the animal; or

         (c)   Teasing, tormenting, abusing, or assaulting the animal.

      (3)   No K-patrol dogs or police dogs owned or kept by a law enforcement agency shall be considered a DANGEROUS ANIMAL when used in the line of duty or for law enforcement purposes.

      (4)   Whether there has been provocation or not (see (l)(b) above), shall be determined by the facts which shall also include, but not be limited to, a determination as to whether or not a person was on the property owned by the animal’s owner or keeper by invitation. Absent evidence of teasing, tormenting, abusing or assaulting the animal, if a person is on an owner’s property by invitation, provocation may be deemed to not have occurred. Mailmen, postal deliverymen, door-to-door salesmen, children selling school or club items and utility personnel shall be deemed to be invited guests for purposes of this definition.

   DESIGNEE. A person, organization, or entity selected, appointed, or nominated for a particular purpose or duty. Unless otherwise indicated, references to the Animal Control Agency or the Animal Control Officer shall always include its DESIGNEE .

   DOG PARK. A municipally designated appropriate area for off-leash exercise of dogs. Unless otherwise in violation of rules adopted for the DOG PARK , an owner is not liable (and it shall not be deemed a public nuisance) for a dog to be off-leash or “running at large” in a municipally designated DOG PARK .

   DOMESTIC ANIMAL. Any domestic animal shall include but not be limited to:

      (1)   Dog (Canis familiaris);

      (2)   Cat (Felis cattus or Felis domesticus);

      (3)   Cattle (Bos domesticus, Bos taunts, or Bos indicus);

      (4)   Horse (Equus caballus);

      (5)   Donkey (Equus asinus);

      (6)   Sheep (Ovis aries);

      (7)   Goat (Capra hircus);

      (8)   Rabbit (Oryctolagus cuniculus);

      (9)   Mouse (Mus musculns);

      (10)   Rat (Rattus);

      (11)   Guinea pig (Cavisprocellus);

      (12)   Hamster (Mesocriecetus auratus);

      (13)   Gerbil (Gerbillus);

      (14)   Cow or ox (Bovine);

      (15)   Pigeon, homing, or racing;

      (16)   Chicken, turkey, goose, duck;

      (17)   Swine;

      (18)   Chinchillas;

      (19)   Mink;

      (20)   Ferrets;

      (21)   Bison; and

      (22)   Llamas.

   EXOTIC ANIMAL. Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii. This definition does not include fish, fur-bearing animals commercially bred for the furrier trade, and birds protected under federal laws and regulations.

   EXPOSED TO RABIES. Any human or non-human, warm-blooded mammal that has been bitten or exposed to any other animal known or reasonably suspected to have been infected with rabies.

   FIGHT. A conflict between two or more animals that is intentionally organized for such purpose.

   FIGHT PARAPHERNALIA. Equipment or items used to train or condition animals for participation in an animal fight contest or materials to promote animal fighting, the breeding of animals specifically for the purpose of fighting, train animals for fighting, or to track the results of animal fights.

   FOWL. Any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, parrots, or similar types of birds normally kept in cages.

   HARBORING. The actions of any person that permit an animal habitually to remain, to be lodged or to be fed within one’s home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed HARBORED if it is fed or sheltered for three consecutive days or more.

   HUMANE OFFICER. Any person or agency designated by the state or the city as a person who is qualified to perform the duties required by the law of this city and state regarding animals.

   K-PATROL DOGS or POLICE DOGS. A professionally trained dog used by law enforcement officers for law enforcement purposes and activities.

   KEEPER. Any person, other than the owner, who has actual or constructive possession of an animal for the purpose of managing, controlling, or caring for such animal. A person shall be construed as a KEEPER of an animal even if he or she does not have the owner’s permission.

   KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting, or keeping more than three dogs for the purpose of hire, training for a fee, or selling.

   LEASH. A cord, chain, rope, strap, or other such physical restraint.

   MICROCHIP. A tiny computer chip, implanted underneath the skin of an animal, that contains identification information relating to that animal.

   MUZZLE. A device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.

   NIP. To pinch or squeeze with the teeth without breaking the skin or damaging any tissue.

   NOT-FOR PROFIT. A business, association, or entity established or organized as a NOT-FOR-PROFIT corporation under state law or recognized as NOT-FOR-PROFIT by the Internal Revenue Service or the state Department of Revenue. FOR-PROFIT means all other types of businesses, associations, or entities.

   OFF PROPERTY. Beyond the legal boundaries of the real property on which the owner, agent, or keeper resides.

   OWNER. Any person 18 years of age or older having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to any animal covered by this chapter.

   PERFORMING ANIMAL EXHIBITION. Any spectacle, display, act, or exhibit or event other than a circus, in which performing animals are used.

   PET. Any animal kept for pleasure rather than utility.

   PET SHOP. Any person, group of persons, partnership, or corporation, whether operated separately or in connection with another business enterprise, which sells or barters animals.

   PROVOKED. To deliberately arouse, incite, or excite.

   PUBLIC NUISANCE. Any animal that endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than its owners, to enjoyment of life or property. The term PUBLIC NUISANCE ANIMAL shall include but not be limited to:

      (1)   Excepting domestic cats, which exception shall apply only to this paragraph (a), any animal found repeatedly running at large or unrestrained;

      (2)   Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;

      (3)   Any animal that chases or interferes with motor vehicles in a public right-of-way;

      (4)   Any animal that attacks other animals;

      (5)   Any animal that damages, soils, defiles, or defecates on any property other than that of its owner;

      (6)   Any animal that makes disturbing noises continuously for 15 minutes or for an aggregate 20 minutes in a one-hour period, including but not limited to howling, barking, whining, or other utterances;

      (7)   Any animal in any section of a public park, playground, school yard, or other recreational area that is found running at large;

      (8)   Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

      (9)   Any animal that trespasses on the private property of persons other than the owner of the animal; or

      (10)   Any animal determined to be a dangerous animal.

   The term PUBLIC NUISANCE ANIMAL shall not automatically apply to an animal being cared for at an Animal Control Agency that might otherwise be deemed a Public Nuisance under this definition. However, an Animal Control Agency shall not be completely exempt from a violation of (6) herein this definition if the nuisance creating a violation of (6) is not addressed by the agency to the satisfaction of the Animal Control Officer, or, upon request, the Board or Animal Control Commission.

   RABIES VACCINATION. An injection, licensed by the U.S.D.A. and approved by the Indiana State Board of Health, given to a dog, cat, or other animal by a licensed veterinarian to prevent the spread of rabies.

   RESTRAINT. The securing of an animal by leash or lead, or confining it within the real property limits of its owner or agent.

   RIDING SCHOOL OR STABLE. Any place that provides, for a fee, boarding and/or riding instructions for a horse, pony, donkey, mule, or burro.

   RODEO. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest, or bull riding.

   SERIOUS INJURY OR DEATH.

      (1)   Any bodily injury, which is caused by an animal and is medically documented, that:

         (a)   Creates a substantial risk of death;

         (b)   Causes serious permanent disfigurement, unconsciousness, or extreme pain; or

         (c)   Results in a permanent or protracted loss or impairment of a bodily member or organ.

      (2)   This definition shall not include any nip from an animal.

   SERVICE DOGS. Any dog that is trained to assist a handicapped person.

   STRAY. Any animal that is not under restraint and/or upon reasonable inquiry by an animal control officer does not appear to have an owner.

   U.K.C. The United Kennel Club.

   UNCONFINED DANGEROUS ANIMAL. A dangerous animal which is not securely confined indoors, not under restraint, or not confined in a securely enclosed and locked pen or structure upon the premises of the owner, agent, or keeper of such animal.

   UNPROVOKED. Without incitement or stimulation.

   U.S.D.A. The United States Department of Agriculture.

   VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the state.

   WILD ANIMAL. Any animal not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic o amphibious animals and small cage birds, which are normally found in the wild state.

   ZOOLOGICAL PARK. Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals, which is operated by a person, partnership, corporation, or governmental agency that is established for educational purposes and is properly zoned for such use, and which possesses valid licenses and permits as required under federal or state law.

(Ord. 2005-21, passed 5-25-2005; Am. Ord. 2010-1, passed 6-8-2010; Am. Ord. 2014-1, passed 2-25-2014; Am. Ord. 2019-08, passed 5-21-2019)